Identifying the Right Bridge to Reach Your Destination: Federal Employee Disability Retirement

When considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, the natural inclination is to ask the seemingly primary question of: Does medical condition-X qualify as a disability? But such a question is in actuality secondary; it is the reverse-order and counterintuitive process which is often confusing for the Federal and Postal Worker who is contemplating filing for Federal Disability Retirement benefits.

The primary question, making the previously-stated questions secondary, is to ask: Does medical condition-X prevent one from performing one or more of the essential elements of one’s job?  By inverting the primary-secondary sequence, one can then attain a better level of understanding as to the administrative process of filing for Federal Disability Retirement benefits.  Further, such a switch in sequence of questions-to-answers allows for an important paradigm shift.  For, in the very asking of the proper question, one can reach a level of understanding to such a stage of comprehension that the question almost answers itself.

Medical conditions in and of themselves do not necessarily qualify the Federal or Postal Worker who is otherwise age or service-eligible for Federal Disability Retirement benefits; it is the nexus which must be established between one’s position and the medical conditions one suffers from.  It is the crossing of that bridge which will reveal the extent of success or failure in attempting to go down this path; but first, the Federal or Postal Worker must correctly identify which bridge to cross, before even starting the long and arduous trek of filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: To Be or …

Often, the question is asked whether or not it is advisable to “just resign” from one’s Federal or Postal employment, and whether such resignation would impact one’s ability to file for, and obtain, Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS.

Such a question actually contains multiple sub-questions, which often need to be extrapolated, dissected and bifurcated, then answered independently.  Then, upon answering such questions separately, they can be reconstituted to provide a greater picture.  In answering any or all such questions, however, the proper context of each case — for each case is unique in their facts, circumstances, and potential impact upon future decision-making processes — must be revealed, identified, analyzed and properly addressed.  

Whether the Agency is making any “noise” of proposing to remove the Federal or Postal employee, and the basis of such removal; whether they are open to suggestions or negotiations pertaining to the basis of the removal; whether the Federal or Postal employee has already secured a doctor, a medical narrative report, and proper substantiating medical documentation which shows that, prior to such removal or resignation, the Federal or Postal employee could no longer perform one or more of the essential elements of one’s job, etc. — all of these, and many more besides, are questions which must be considered before one takes the finality of the leap which determines whether to be, or not to be, a Federal or Postal employee as of a date certain, and its impact upon one’s ability to secure the benefit known as “Federal Disability Retirement” benefits under FERS or CSRS from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Periodic Clarifications

Clarifications are needed to be periodically made, based upon questions which Federal and Postal employees continue to ask.  There is often a confusion concerning the “one year” issue — whether it concerns the Statute of Limitations in filing a Federal Disability Retirement application under FERS or CSRS, or the length of time a medical condition must last. 

A Federal or Postal employee must file a Federal Disability Retirement application under FERS or CSRS within one (1) year of being separated from one’s Agency.  The confusion often arises because a Federal or Postal employee is unsure of whether or not such separation from service has actually occurred.  Especially for Postal employees, where the U.S. Postal service will often continue to keep a Postal employee “on the rolls” despite having been on OWCP for many years, the confusion can be understandable.  However, one indicator is that if a Postal employee is continuing to receive zero-balance pay stubs, then in all likelihood that Postal employee has not yet been separated from service, and the 1-year tolling of the Statute of Limitations has not yet begun. 

Because obtaining an approval from the Office of Personnel Management on a Federal Disability Retirement application can take an extraordinary amount of time, however, it is wise to begin the process sooner, rather than later, whether one has been “officially separated” from service or not.  For Federal employees, an SF 50 (Personnel Action) form would systematically be issued showing that a Federal employee has been separated from Federal Service

As for the 1-year issue concerning the extent of a medical condition, we will address that issue at another time.

Sincerely,

Robert R. McGill, Esquire